Hastie Group Ltd (in liq) v Moore t/as Deloitte Touche Tohmatsu

The liquidator of Hastie Group Ltd, a company in liquidation, sought to compel the respondent, Moore trading as Deloitte Touche Tohmatsu, to produce certain documents. The matter was heard in the Supreme Court of New South Wales. The liquidator alleged that the documents were necessary to establish the cause of the company's failure. The respondent argued that the documents were privileged and should not be disclosed.

The court had to determine whether there was a basis for redacting the documents to remove parts containing legal advice or views as to prospects, strategy or tactics. The court also had to determine whether it should exercise its power to inspect the documents said to be privileged. The court noted that the respondent had not provided any evidence to support the claim of privilege. The court held that the respondent had not made out a case for redaction of the documents and that it was appropriate for the court to exercise its power to inspect the documents.

The court ordered the respondent to produce the documents, subject to redaction of any parts containing legal advice or views as to prospects, strategy or tactics. The court further ordered the respondent to pay the liquidator's costs of the application. The liquidator was also ordered to pay half of the respondent's costs.